May 31st 2024.
The Delhi High Court is currently considering a plea filed by Bibhav Kumar, a close aide of Chief Minister Arvind Kejriwal, challenging his recent arrest in connection with an alleged assault on AAP MP Swati Maliwal at the CM's residence. The senior counsel representing the police has objected to the petition, arguing that it is not maintainable.
After hearing arguments from both sides, Justice Swarana Kanta Sharma has reserved her order on the issue of maintainability. In his plea, Kumar has requested for his arrest to be declared illegal, citing violations of Section 41A of the Code of Criminal Procedure and the law itself. However, the Delhi Police's senior lawyer has pointed out that the trial court has already rejected this objection and suggested that Kumar should instead file a revision against that order.
The senior counsel representing Kumar has argued that his arrest was in violation of his fundamental rights and the law. He also emphasized that there was no valid reason for the arrest and that the liberty of an individual should not be taken lightly. It was also revealed that Kumar's arrest was made while his anticipatory bail was still pending in the trial court and he had even offered to cooperate with the investigation.
In addition to challenging the legality of his arrest, Kumar has also requested for appropriate compensation and for disciplinary action to be taken against the officials who were involved in the decision to arrest him. However, on Monday, a sessions court dismissed his bail plea, stating that there was no evidence of pre-meditation by Maliwal in filing the FIR and that her allegations could not be easily dismissed.
According to the FIR, Kumar allegedly assaulted Maliwal on May 13 at the chief minister's official residence. He was arrested on May 18 and sent to police custody for five days by a magisterial court, which noted that his anticipatory bail plea had become irrelevant due to his arrest. The FIR includes various charges under the Indian Penal Code, including criminal intimidation, assault, and attempt to commit culpable homicide.
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